Unlawful outward remittances via Hawala using proforma invoices and electronic records proved; documents admitted, directors penalised, penalties redu...
Attachment of equivalent-value properties as proceeds of crime upheld; preventive attachment order and confirmation sustained; no independent ED reinv...
An alleged oral family settlement and bid dated 04.02.2008 failed to effect a lawful transfer of management because the buy-out terms were not performed: full consideration was not proved paid, share transfer deeds were not produced, and parties admitted only partial payments, so the asserted resignations and change of control could not be sustained. Immediate forensic examination of disputed documents was declined, but the Administrator is permitted to approach the adjudicating tribunal (NCLT) later to seek forensic examination if a concrete dispute over produced receipts or documents arises. Appointment of the administrator and attendant directions remain in force.
An alleged oral family settlement and bid dated 04.02.2008 failed to effect a lawful transfer of management because the buy-out terms were not performed: full consideration was not proved paid, share transfer deeds were not produced, and parties admitted only partial payments, so the asserted resignations and change of control could not be sustained. Immediate forensic examination of disputed documents was declined, but the Administrator is permitted to approach the adjudicating tribunal (NCLT) later to seek forensic examination if a concrete dispute over produced receipts or documents arises. Appointment of the administrator and attendant directions remain in force.
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